The case against Gabriel Aubry, the ex-boyfriend of Halle Berry who got into a physical altercation with Berry’s fiance, Olivier Martinez, on Thanksgiving, will be settled out of court, E! News has confirmed.

Aubry, who was scheduled to be arraigned in court on charges of misdemeanor battery Thursday morning, will instead meet with Martinez at a hearing at the Los Angeles City Attorney’s Office, according to spokesman Frank Mateljan.

“[They have] decided to schedule a City Attorney’s Office hearing in this matter,” Mateljan told E! News on Wednesday. “We are in the process of contacting the parties to set up that hearing. Mr. Aubrey’s counsel has been informed that [Thursday’s] court date will be vacated.”

It’s just the latest break in the case for Aubry, who was left visibly bruised and beaten by the altercation.

Late last month, after what felt like an eternity of arguments, the Canadian-born model and Berry finally reached an “amicable agreement” in the custody battle over their four-year-old daughter, Nahla.

Berry had previously tried to move Nahla to Martinez’s home country of France, she said to avoid the paparazzi in Los Angeles. A judge later denied her request.

Aubry, 37, was arrested and charged with misdemeanor battery after he engaged in a physical fight with Martinez inside Berry’s home. He was later released on $20,000 bail.